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(영문) 서울남부지방법원 2017.04.28 2016나56842
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning for the court's explanation concerning this case is that the defendant added the judgment under Paragraph 2 as to the matters for which the defendant asserts again in the trial, and that it is insufficient to recognize that the plaintiff was aware of the fact that the contract for the transfer of confirmed claim and the contract for the sale and purchase of this case was concluded at least one year before the date of the lawsuit of this case ( September 19, 2014) as evidence for the trial of this case, the court's age evaluation information company of this case is the same as the reasoning for the judgment of the court of first instance, except for the rejection of each inquiry inquiry reply about the court's age evaluation information company of this case. Thus,

2. Additional determination

A. The Defendant’s assertion ① The time when the instant confirmed claim transfer contract was concluded is not “No. 19, 201.” but “No. 22, 201.” As of this day, the exclusion period has expired or B was not insolvent. If it was based on April 19, 2013, it is deemed that B, other than the actual creditor, transferred its claim and has no effect of transfer.

② At the time of the instant final claim transfer contract and the sales contract, the Defendant, a beneficiary, is also a bona fide beneficiary.

B. (1) As to the time of concluding the instant conclusive claim transfer contract and the validity of the assignment of claims, the registration of creation of superficies of this case and the registration of creation of superficies of this case incidental thereto was made by agreement between the creditor D, the debtor C, and the mortgagee B, and the debtor C is in an indivisible relationship between the creditor D and the mortgagee B, i.e., the relationship between the creditor D and the mortgagee.

The second sentence of the first instance court;

(b) 2) part (b) of this paragraph, on the other hand, in an indivisible claim relationship, multiple claims equal to the number of creditors belong to each creditor, and in case where one of the obligees, transfers his claims to a third party, unless there are special circumstances, rest.

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